Madras High CourtCRL OP(MD)/22449/2023disposed of

Sekar @ Jeyachandran v. The Deputy Superintendent Of Police

2023-12-13Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Sekar @ Jeyachandran 2.Manonmani @ Manonmani Subramaniyan 3.Kavitha 4.Banu Priya ... Petitioners/Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of police, O/o. The Deputy Superintendent of Police, Melur, Madurai District.

2.The State, rep, by The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime NO.360 of 2023) ... Respondent/Complainant 3.Dhanalakshmi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge for Trial of cases Under SC/ST (POA)Act, Madurai District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No.360 of 1/5

2023 on the file of the respondent police.

For Petitioners : Mr.S.P.Naveen Kumar For Respondents : Mr.R.M.Anbunithi for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the learned District and Sessions Judge, Special Judge for Trial of cases Under SC/ST (POA)Act, Madurai District, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 360 of 2023 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.360 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 420, 294(b), 506(i) of IPC and Section 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted it is a money dispute between the parties.

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4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned District and Sessions Judge, Special Judge for Trial of cases Under SC/ST (POA)Act, Madurai District, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

13.12.2023 Index : Yes/No Internet : Yes/No TM To 1.The District and Sessions Judge, Special Judge for Trial of cases Under SC/ST (POA)Act, Madurai District.

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2.The Deputy Superintendent of police, O/o. The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Kottampatti Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 13.12.2023 5/5